JJUA55117U Advanced EU Constitutional Law
The course will give the students with an interest in the EU an
opportunity explore a selection of topics, which are both
fundamental (timeless) and timely.
More specifically, the main objectives of the course are
1. To provide the students with a general overview of European constitutional legal framework, including the key concepts, principles and institutions. We will analyse the concepts and principles of supremacy, proportionality, conferred powers, (horizontal) direct effect, institutional balance and the role of EU institutions in the integration and constitutionalization process.
2. The students will be encouraged to question the established narratives of constitutionalization through law and critically examine the arguments of the Court, pertaining to the autonomy and effectiveness of the EU legal order.
3. The course will address current constitutional challenges, such as the impact of the Euro crisis on the democratic processes, the accession of the EU to the European Convention of Human Rights, the challenges facing the EU in the current refugee crisis and Brexit. The course will offer the students a broad understanding of the European constitutional order, and explain the process of integration and constitutionalization through the interaction between the legal structure and political processes, principles and practice, and the relationship between the major European legal actors, such as the Commission, the Court of Justice and national courts.
The course will balance the theory of European Constitutionalism with the analysis of the case law of the Court. The students will be able to:
1. Define the key concepts of the European constitutional structure, processes and effects, such as institutional balance (power sharing), subsidiarity and implied powers.
2. Analyse the interplay between law and politics in the making of the Constitution of Europe (the political process in terms of Treaty changes and the judicial constitution of Europe) and rethink critically the role of the founding cases of the EU.
3. Evaluate the arguments of the Court of Justice of the European Union, for instance those pertaining to the nature of the European Legal order, its autonomy and primacy with regard to the legal systems of the Member States and the international legal order.
4. Discuss past and current problems of the European institutional setup, such as the problem of legitimacy and the postulated democratic deficit in the light of the present day events such as the Euro, the refugee crises and Brexit
5. Question and theorize the relationship between different legal orders (the EU legal order, international legal order and national legal systems
6. Formulate a legal argument on the constitutional and institutional rules discussed in class and argue in a coherent and concise fashion that is linguistically correct
Max. 750 pages consisting of selected articles, book chapters and relevant case-law
• Short student presentations in each session of the case-law of the Court of Justice or of journal articles
• Peer instruction, especially after presentations
• Group work, and peer-discussion
• Role play
• “Mind-map” drawing in order to systematize the materials discussed in class
• 10-min nonstop writing exercise to clear possible misunderstandings after individual lectures,summarize the main points of the lecture and discuss them with peers or/and lecturer
• Outline of an essay, in bullet points, to practice the structure of the legal argument
• Case study and inductive learning (hypothetical cases)
- 15 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam based on synopsis, 20 minutes
- Exam registration requirements
In order to attend the oral examination, it is a prerequisite to hand in the synopsis before the specified deadline.
The deadline is agreed upon with the course lecturer.
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Week 2, 2018 - Wednesday, Thursday, Friday
Week 7, 2018 - Wednesday, Thursday, Friday